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(영문) 수원지방법원 평택지원 2016.04.07 2016고단224
업무상횡령등
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal history] On August 12, 2013, the Defendant was released on November 28, 2014 in the Seoul Southern District Court sentenced to a maximum of two years and six months of imprisonment for special larceny, etc., and on November 28, 2014 during the execution of the sentence in the Kimcheon Juvenile Prison, and the parole period passed on February 14, 2015.

[2016 Highest 224] The Defendant, from April 25, 2015 to the convenience store operated by the victim D in Pyeongtaek-si C, was engaged in the sale and collection of money as night employees.

On April 27, 2015, the Defendant collected KRW 1,761,190 from the above convenience store to receive KRW 03:56 on April 27, 2015, and kept in custody for the victim. At that time, the Defendant carried out the said cash with the Kitter’s safe using crebs in which the Defendant is engaged in business at the convenience store for the victim.

Accordingly, the defendant embezzled the property of the victim while on duty.

[2016 order 282]

1. From September 2015, the Defendant engaged in selling and collecting money as an employee at a convenience store operated by the victim FF in Pyeongtaek-si E from the early policeman on September 2015.

On November 23, 2015, at the above convenience store around 06:30, the Defendant collected KRW 730,000 from the sales price of goods for the victim and kept in custody for the victim. At that time, the Defendant got off the victim with 4 universal tobacco equivalent to KRW 730,000 and the market price of KRW 180,00 in cash at the display stand using the gaps in which the Defendant was engaged in business at the convenience store for the victim.

Accordingly, the Defendant embezzled cash and tobacco owned by the victim while on duty.

2. The Defendant: (a) around 05:00 on January 24, 2016, at the victim H’s house located in Pyeongtaek-si G apartment; (b) on the part of the victim, the victim divingd himself/herself, with a cash of KRW 180,000 in cash located in the victim’s locking machine; and (c) on the part of the victim, he/she got off the victim and stolen the walling amounting to KRW 68,00 in the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the prosecution and the police interrogation of the accused;

1. Each police statement made to D, F, and H 1.

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